Samuel Tunick, an Atlanta activist, faces federal charges for allegedly using a "duress password" on his GrapheneOS-enabled phone during a warrantless border search. The feature wipes the device instantly to prevent data access.
This case highlights the tension between border security and digital privacy, potentially setting a precedent for how "duress codes" and device searches are handled at U.S. borders.
Atlanta resident Samuel Tunick is facing federal charges under 18 U.S.C. § 2232, a law prohibiting the destruction of property to prevent seizure, after allegedly activating a "duress password" on his phone during a warrantless border search. The incident took place on January 24, 2025, at Atlanta's Hartsfield-Jackson airport as Tunick returned from the Dominican Republic.
Tunick's legal team asserts that he was targeted due to his activism with the group Defend the Atlanta Forest, which opposes a law enforcement training facility. They claim he was placed on a watch list and that CBP agents discussed detaining him for suspected terrorism activities. Tunick's lawyers also state he was denied a lawyer and Miranda rights.
Customs and Border Protection agents reportedly demanded access to his phone under the "border search exception" to the Fourth Amendment. When Tunick entered a code, the device allegedly wiped itself, deleting encryption keys. Agents seized the phone regardless. The government's indictment accuses Tunick of providing a passcode that caused the phone to delete its contents prior to seizure.
The feature used is part of GrapheneOS, a privacy-focused Android operating system for Google Pixel phones. This OS added the duress PIN in June 2024, designed for situations where a user is physically compelled to hand over their device. A federal judge is expected to rule on Tunick's motion to suppress evidence no earlier than the end of October.
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